Legal Opinion · Concurrence

T. S., A Child v. State of Florida

District Court of Appeal of Florida

Decided October 6, 2017No. CASE NOS. 1D17-0744, 1D17-0746, & 1D17-0748Published

1ConcurrenceMakar, J.

I concur, albeit with misgivings, because the broad holding of E.A.R. v. State requires that we substitute our appellate judgment for that of trial judges who preside in juvenile delinquency dispositions by applying a strict judicially-created standard that substantially narrows the trial judge’s discretion, even though the legislative structure of the dispositional process itself does not mandate this intense degree of intercession. 4 So.3d 614, 635-39 (Fla. 2009); see also id. at 642 (Canady, J., dissenting). The statute merely says that a trial court “shall state for the record the reasons…

2Cases cited2 opinions

  1. M.H. v. StateDistrict Court of Appeal of Florida · 2011
  2. M.J. v. StateDistrict Court of Appeal of Florida · 2017

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